A person is absent from their permanent residence in Vietnam for how long will have their permanent residence registration annulled?
A person is absent from their permanent residence in Vietnam for how long will have their permanent residence registration annulled?
Pursuant to Article 24 of the Law on Residence 2020, the regulations for annulment of permanent residence registration are as follows:
Article 24. Annulment of permanent residence registration
1. Individuals falling under any of the following cases shall have their permanent residence registration annulled:
a) Death; a court decision declaring the individual missing or deceased;
b) Emigration abroad for resettlement;
c) A decision to cancel the permanent residence registration as prescribed in Article 35 of this Law has been issued;
d) The person is absent from their permanent residence for 12 consecutive months or more without registering any other place of residence as their temporary one or declaring temporary absence, unless they go abroad for any purpose besides permanent residence or serve a sentence in a prison, rehabilitation center or correctional institution;
dd) Granted permission by a competent authority to renounce Vietnamese nationality, deprived of Vietnamese nationality, or had the decision to grant Vietnamese nationality revoked;
e) Registered permanent residence at a rented dwelling, borrowed dwelling, or staying with someone but has terminated the rental, lending, or staying arrangement and, after 12 months from the termination of these arrangements, has not registered a new permanent residence, except for cases prescribed at point h of this clause;
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According to the above regulations, the person who is absent from their permanent residence for 12 consecutive months or more without registering any other place of residence as their temporary one or declaring temporary absence will have their permanent residence registration annulled.
Exceptions are made for those who go abroad for any purpose besides permanent residence or serve a sentence in a prison, rehabilitation center or correctional institution
A person is absent from their permanent residence in Vietnam for how long will have their permanent residence registration annulled? (Internet image)
Locations not eligible for new permanent residence registration in Vietnam
Pursuant to Article 23 of the Law on Residence 2020, the locations not eligible for new permanent residence registration in Vietnam are as follows:
Article 23. Locations not eligible for new permanent residence registration
- Housing located in prohibited areas, areas restricted for construction, or encroaching upon defense, security, traffic, irrigation, dyke safety corridors, energy, technical infrastructure boundaries, ranked historical and cultural sites, areas at risk of landslides, flash floods, or areas protected for other constructions as prescribed by law.
- Housing wherein the entire dwelling area is illegally encroaching upon land or housing built on land that does not meet construction conditions prescribed by law.
- Housing that has a land recovery decision and a compensation, support, and resettlement plan approved by a competent state authority; housing that is under dispute, complaint regarding ownership, land use rights but has not been resolved according to the law.
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Thus, locations not eligible for new permanent residence registration in Vietnam include:
[1] Housing located in prohibited areas, areas restricted for construction, or encroaching upon defense, security, traffic, irrigation, dyke safety corridors, energy, technical infrastructure boundaries, ranked historical and cultural sites, areas at risk of landslides, flash floods or other areas protected for constructions as prescribed by law.
[2] Housing where the entire dwelling area is on illegally encroaching land or constructed on land that does not meet legal construction conditions.
[3] Housing with a land recovery decision and a compensation, support, and resettlement plan approved by a competent state authority or housing that is partially or wholly in dispute regarding ownership or land use rights which has not been resolved according to the law.
[4] Housing confiscated under a decision by a competent state authority; vehicles used as a permanent residence registration place that have had their registration erased or lack a certificate of technical safety and environmental protection as prescribed by law.
[5] Housing with a demolition decision issued by a competent state authority.
Are citizens allowed to register permanent residence at religious establishments in Vietnam?
According to clause 4 of Article 20 of the Law on Residence 2010, a citizen may register a folk religious establishment or religious establishment with housing as an auxiliary work as their permanent residence in any of the following cases:
- The citizen is involved in religious activities and is ordained, appointed to hold a position, selected to hold a hierarchical rank or transferred to carry out religious activities in the religious establishment;
- The citizen represents the folk religious establishment;
- The representative or management board of the folk religious establishment agrees to let the citizen register the establishment as their permanent residence for the citizen to oversee and organize religious activities in the establishment directly;
- The representative or management board of the folk religious establishment or the head or representative of the religious establishment agrees to let the citizen, who is a child, person with very severe disability, person with severe disability or helpless person, register the establishment as their permanent residence.